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HomeMy WebLinkAboutZ-3503-A Staff AnalysisDecember 13, 1988 Item No. 1 - Z -3503-A Owner: Stanley M. and Elizabeth D. Gray Applicant: Stanley M. Gray Location: 15601 Cantrell Road Request: Rezone from AF to "C-4" Purpose: Garden center Size: 8.59 acres Existing Use: Garden center SURROUNDING LANDUSE AND ZONING: North - Vacant, zoned "R-2" South - Vacant, zoned "R-2" East - Vacant, zoned "R-2" West - Vacant and commercial, zoned "R-2" PLANNING CONSIDERATIONS: 1. The request before the Planning Commission is to rezone an 8.6 acre tract of land on Highway 10 from AF to "C-4." The property is currently occupied by a garden center/plant nursery and the proposal is to allow some repair work and expansion. Also, the owner has indicated that additional outside display is needed. The site is situated approximately one-fourth mile east of Bella Rosa Drive and surrounded by "R-2" zoning. The nearest non-residential zoning is "C-3" and is located at the eastern intersection of Taylor Loop Road with Highway 10. Land use is primarily single family with several nonconforming commercial uses directly to the west. One of the nonconforming uses is a small plant nursery or greenhouse operation and the other is a furniture refinishing business. A high percentage of the land is still vacant, including acreage adjacent on the east, south and west sides. 2. The site has several structures on the front half and the rear portion is undeveloped. There is a creek that bisects the northern one-fourth of the property and along the western side, there is a cemetery. A twenty- five foot sewer easement crosses the southwest corner of the property. December 13, 1988 Item No. 1 - Z-3503-A.(Continued.).- 3. Highway 10/Cantrell Road is classified as a principal arterial which requires a total right-of-way of 110 feet. Dedication of additional right-of-way will be required if the existing right-of-way does not equal 55 feet from the centerline. 4. Engineering reports that right-of-way dedication for a total of 110 feet is needed on Cantrell Road. The entire site is in the floodplain and there is a 200 foot floodway area running east to west through the middle of the site. 5. There are no legal issues. 6_ In 1980, a "C-4" application was filed and after several public hearings the request was amended to AF and approved. After the AF reclassification, a Conditional Use Permit was granted for the plant nursery. (Plant nurseries and greenhouses of a retail/wholesale nature are permitted in the AF District as a conditional use.) During the 1980 hearing process, objectors and supporters were present and a petition opposed to the rezoning was submitted. 7. A "C-4" rezoning for the property in question is contrary to the Highway 10 District Plan and Staff is opposed to the request. The adopted land use plan shows the site to be in an area identified as floodway and floodplain. A commercial node is shown at the eastern intersection of Highway 10 and Taylor Loop with several other nodes located along Highway 10 to the west. Rezoning of the location under consideration to "C-4" will create a spot zone, establish undesirable precedent and have an adverse impact on the general area. It appears that some limited expansion is possible under the previous action, or filing a second Condi-tional Use Permit is an option. STAFF RECOMMENDATION: Staff recommends denial of the "C-4" rezoning as filed. December 13, 1988 Item No. 1. -_Z -3503-A _(Continued),_ PLANNING COMMISSION ACTION: (December 13, 1988) The applicant, Stanley Gray, was present. There was one objector in attendance. Gary Greeson, Planning Director, discussed the AF District and allowing the use of a plant nursery by right. Mr. Greeson indicated that a rezoning was not needed but said that some ordinance changes were in order to help clarify the intent of the AF District. Stanley Gray then addressed the Commission and said the nursery has been in operation since 1973. Mr. Gray discussed the first 11C-4" request in 1980 and the history behind the existing AF zoning. He went on to say that he proposes to construct a major retail structure for equipment sales and rental. Mr. Gray told the Commission that he would like to have more flexibility with the 11C-4" District and that was why he filed the request. Jim Stuckey, an attorney representing Mr. Gray, then spoke. Mr. Stuckey described the property in question and the surrounding area. He talked about the purpose of the AF District and said there were problems with the conditional use permit because of the necessary review of the proposal each time one was filed. Mr. Stuckey said the intent of the AF District was unclear and said it was more of a transitional type of zoning and land use. Mr. Gray spoke about the Highway 10 Association and said the group's purpose was to preserve the natural and historic character of Highway 10'. He said the association was made up of 37 active members. Mr. Stuckey addressed the Commission again and said that Mr. Gray did not propose to change the use. He then proceeded to discuss the possibility of granting an easement to the City on the front portion of the property and the area would be left as open space. Mr. Stuckey said that Mr. Gray would like to use the easement area for some display of plant materials and suggested that the easement area could be made a condition of the "C-4" rezoning. Deborah Johns, an objector, spoke in opposition to the rezoning. Ms. Johns said her residence was directly across Highway 10 from the nursery and objected to the uses permitted in the 11C-4" District. She said the rezoning would be a spot zoning and went on to describe the area as being primarily residential. She told the Commission that most of the neighbors were opposed to the 11C-4" rezoning and there would be traffic problems Because of the rezoning. December 13, 1988 I tem_No...._..1_...`.....Z..-.3503-A....L.Cont i nued.).,. .,...... Jerry Gardner, City Engineering staff, discussed the floodplain/floodway issue and said that a study was underway which was scheduled to be completed in the summer of 1989. He said there were no conclusions at this time or did not know any results of the study. Additional comments were offered by Jim Stuckey, Stanley Gray and Jim Lawson of the Planning Staff. Mr. Gray discussed other uses in the area. Mr. Lawson presented some additional history on the previous AF rezoning. Mr. Stuckey said that Mr. Gray was interested in the use to be permitted by right and not a conditional use as in the AF District. There was a long discussion about various issues and Mr. Gray requested a vote on the "C-4" rezoning. A motion was made to recommend approval of the 11C-4" request with the OS easement along the front property line. The vote was 0 ayes, 10 noes and 1 absent. The motion failed and the rezoning was denied. Z -3503-A Owner: Stanley M. and Elizabeth D. Gray Applicant: Stanley M. Gray Location: 15601 Cantrell Road Request: Rezone from AF to "C-4" Purpose: Garden center Size: 8.59 acres Existing Use: Garden center SURROUNDING LAND USE AND ZONING: North - Vacant, zoned "R-2" South - Vacant, zoned "R-2" East - Vacant, zoned "R-2" West - Vacant and commercial, zoned "R-2" PLANNING CONSIDERATIONS: 1. The request before the Planning Commission is to rezone an 8.6 acre tract of land on Highway 10 from AF to "C-4." The property is currently occupied by a garden center/plant nursery and the proposal is to allow some repair work and expansion. Also, the owner has indicated that additional outside display is needed. The site is situated approximately one-fourth mile east of Bella Rosa Drive and surrounded by "R-2" zoning. The nearest non-residential zoning is "C-3" and is located at the eastern intersection of Taylor Loop Road with Highway 10. Land use is primarily single family with several nonconforming commercial uses directly to the west. One of the nonconforming uses is a small plant nursery or greenhouse operation and the other is a furniture refinishing business. A high percentage of the land is still vacant, including acreage adjacent on the east, south and west sides. 2. The site has several structures on the front half and the rear portion is undeveloped. There is a creek that bisects the northern one-fourth of the property and along the western side, there is a cemetery. A twenty- five foot sewer easement crosses the southwest corner of the property. Z -3503-A (Cont i nu.ed..) 3. Highway 10/Cantrell Road is classified as a principal arterial which requires a total right-of-way of 110 feet. Dedication of additional right-of-way will be required if the existing right-of-way does not equal 55 feet from the centerline. 4. Engineering reports that right-of-way dedication for a total of 110 feet is needed on Cantrell Road. The entire site is in the floodplain and there is a 200 foot floodway area running east to west through the middle of the site. 5. There are no legal issues. 6. In 1980, a "C-4" application was filed and after several public hearings the request was amended to AF and approved. After the AF reclassification, a Conditional Use Permit was granted for the plant nursery. (Plant nurseries and greenhouses of a retail/wholesale nature are permitted in the AF District as a conditional use.) During the 1980 hearing process, objectors and supporters were present and a petition opposed to the rezoning was submitted. 7. A "C-4" rezoning for the property in question is contrary to the Highway 10 District Plan and Staff is opposed to the request. The adopted land use plan shows the site to be in an area identified as floodway and floodplain. A commercial node is shown at the eastern intersection of Highway 10 and Taylor Loop with several other nodes located along Highway 10 to the west. Rezoning of the location under consideration to "C-4" will create a spot zone, establish undesirable precedent and have an adverse impact on the general area. It appears that some limited expansion is possible under the previous action, or filing a second Conditional Use Permit is an option. STAFF RECOMMENDATION: Staff recommends denial of the "C-4" rezoning as filed. Z 35037A_(C9n,tinued} PLANNING COMMISSION ACTION: (December 13, 1988) The applicant, Stanley Gray, was present. There was one objector in attendance. Gary Greeson, Planning Director, discussed the AF District and allowing the use of a plant nursery by right. Mr. Greeson indicated that a rezoning was not needed but said that some ordinance changes were in order to help clarify the intent of the AF District. Stanley Gray then addressed the Commission and said the nursery has been in operation since 1973. Mr. Gray discussed the first "C-4" request in 1980 and the history behind the existing AF zoning. He went on to say that he proposes to construct a major retail structure for equipment sales and rental. Mr. Gray told the Commission that he would like to have more flexibility with the "C-4" District and that was why he filed the request. Jim Stuckey, an attorney representing Mr. Gray, then spoke. Mr. Stuckey described the property in question and the surrounding area. He talked about the purpose of the AF District and said there were problems with the conditional use permit because of the necessary review of the proposal each time one was filed. Mr. Stuckey said the intent of the AF District was unclear and said it was more of a transitional type of zoning and land use. Mr. Gray spoke about the Highway 10 Association and said the group's purpose was to preserve the natural and historic character of Highway 10. He said the association was made up of 37 active members. Mr. Stuckey addressed the Commission again and said that Mr. Gray did not propose to change the use. He then proceeded to discuss the possibility of granting an easement to the City on the front portion of the property and the area would be left as open space. Mr. Stuckey said that Mr. Gray would like to use the easement area for some display of plant materials and suggested that the easement area could be made a condition of the "C-4" rezoning. Deborah Johns, an objector, spoke in opposition to the rezoning. Ms. Johns said her residence was directly across Highway 10 from the nursery and objected to the uses permitted in the "C-4" District. She said the rezoning would be a spot zoning and went on to describe the area as being primarily residential. She told the Commission that most of the neighbors were opposed to the 11C-4" rezoning and there would be traffic problems because of the rezoning. Z -3503-A (Continued) Jerry Gardner, City Engineering staff, discussed the floodplain/floodway issue and said that a study was underway which was scheduled to be completed in the summer of 1989. He said there were no conclusions at this time or did not know any results of the study. Additional comments were offered by Jim Stuckey, Stanley Gray and Jim Lawson of the Planning Staff. Mr. Gray discussed other uses in the area. Mr. Lawson presented some additional history on the previous AF rezoning. Mr. Stuckey said that Mr. Gray was interested in the use to be permitted by right and not a conditional use as in the AF District. There was a long discussion about various issues and Mr. Gray requested a vote on the "C-4" rezoning. A motion was made to recommend approval of the "C-4" request with the OS easement along the front property line. The vote was 0 ayes, 10 noes and 1 absent. The motion failed and the rezoning was denied.